Bill Tieleman is one of BC's best known communicators, political commentators and strategists.
Bill writes a politics column Tuesdays in 24 Hours newspaper and The Tyee online magazine.
Bill has been Communications Director in the B.C. Premier's Office and at the BC Federation of Labour.
Bill owns West Star Communications, a consulting firm providing strategy and communication services for labour, business, non-profits and government.

Justice Elizabeth Bennett interjected several times as Special Prosecutor Andrea MacKay attempted to explain why several documents were neither disclosed to the defence nor identified on a "not disclosed" list.

"The concern is that despite checks and balances, a number of documents have gone missing in this case," Bennett said.

Kevin McCullough, lawyer for former provincial ministerial aide Bob Virk, argued that "media monitoring" contracts between the B.C. Liberal Party and David Basi, Virk's co-accused in the breach of trust and fraud trial, must be disclosed.

McCullough has alleged that Basi, former ministerial aide to ex-Finance Minister Gary Collins, was paid $20,000 for media manipulation on talk radio shows and political dirty tricks connected to the $1-billion privatization of B.C. Rail.

"Why haven't we received that Liberal Party contract right now? Why not just give it to us?" he asked. Bennett agreed.

ADDITIONAL INFO not in 24 hours

“Can you give that to your friends before they reply?” Bennett asked MacKay, who said she would provide it. After lunch McCullough again asked why the Liberal Party contract had not been produced, with MacKay saying she had not been to her office over the lunch break to retreive it.

Earlier Special Prosecutor MacKay outlined that there were 78 documents not disclosed to the defence, including several in which solicitor-client privilege was being claimed.

"These documents were not on the 'not disclosed' list," McCullough complained.

In further discussion of the B.C. Liberal Party contract with Basi for 'media monitoring' MacKay said there was a "Report to Crown Counsel on the Liberal contract charge approval process."

"The Crown was taking the position that that document not be disclosed because it was not proceeding with charges," MacKay said.

"Then why wasn't it on the 'documents not disclosed list?" McCullough asked.

There was also a lengthy discussion of the contents of seven filing cabinets related to the drug investigation that originally brought David Basi to the attention of police. The defence argued that it should have access to at least an inventory of what is in the files.

"Not only have they [the Crown] not created an inventory, they haven't even looked at them," an exasperated McCullough told Justice Bennett. "That's based on a conversation I had at noon with my friend.

Special Prosecutor Janet Winteringham immediately objected.

"I never said I haven't looked at them. Ms MacKay has. I only said there was no inventory," Winteringham explained.

Bennett then interjected: "There are seven file cabinets in the drug room. Has the Crown looked at every single page of those documents?"

Mackay replied: "The Crown has not looked at every single document in those file cabinets. The file coordinator has seen every document."

That brought McCullough back to his feet.

"They haven't made an inventory of the drug file. They haven't been through it. They simply haven't done that. And I was led to believe the opposite," he said.

MacKay argued that there were concerns about the confidentiality of the files and the possibility that an RCMP drug informant could be identified if defence lawyers gained access to the files.

Later MacKay tested Bennett's patience again by attempting to take her through the details of a precedent setting case involving informants and privilege to access to their information.

"I've been involved in the leading case of [informer] privilege in this province," Bennett told MacKay.

Later MacKay drew the judge's ire again.

"Milady, I know you made an earlier decision but you are not bound by that decision..." MacKay started.

5 comments:

Serge
said...

Bill,

You are truly the eyes and ears of everyone in this province unable to attend this hearing. All the details that you include on your blog are valuable for people who want all the facts so that the reader can judge for his or herself.

I read with interest that the Special Prosecutor taught Erik Bornmann during the investigation in 2004. This is a perceived conflict in my opinion. Quite frankly I believe that this is the reason Mr. Berardino has not appeared in court as he wishes to avoid any questions on this issue.

This case continues to raise troubling questions about the conduct of the RCMP and Prosecution for the last 3 and a half years.

I can only hope that regardless of the final verdict, our system of justice has not been undermined.

Bill Berardino's continued absence from the Court is starting to create some serious problems - not least those that Neal Hall pointed out here: http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=8c187237-49fc-4559-9bfa-2bac15b93f93

Some of these questions, in my view, Mr. Berardino, Q.C. should be answering himself.gw

In my view ,as a person with no legal background but some time in assorted courts as a witness or observer,that the judge is getting fed up with both sides of the arguments. I don't think she needs to be told she can change her mind on what is evidence or is not. She made it clear in a memo to all concerned that thins get released when she authorises the release.The memo is in the public domain. As I understand it the subject of the special prosecuter giving a lecture with spider man in the crowd was discussed and neither side said it was a conflict. Percied or other wise.

Let's accpet the fact that the judge knows her job and needs no lectures from us or for that matter the lawyers on either side.

Better get a season's parking pass Bill. Looks like you have a long summer ahead of you. dl

Good comments DL. My take from reading the material Bill has posted and talking to friends who have taken in the hearing it is painfully obvious the Judge is losing it with the prosecution. When you have documents that have disappeared, other documetns magically appear, witnesses stepping forward to say they were interviwed and had unflattering things to say about the star witness, this is deeply disturbing. As Bill stated before, these are only pre-trial motions, we haven't even witnessed any cross examinations yet! They should sell tickets, this is going to be a show that could actually make some money to pay part of what must be astronimical fees to this prosecution team!

Bill Tieleman and Senator Larry Campbell, former Vancouver mayor

Jim Sinclair, Cindy Oliver, Ken Georgetti and Bill Tieleman

Bill Tieleman's coverage of the Basi-Virk/BC Legislature Raid Case praised by other journalists:

"This outstanding piece of journalism, in The Tyee, is the work of a journalist who has been deeply involved with this issue from the start and this article should be passed on as far and wide as possible."

"Bill Tieleman from 24 hours . . . . If you want to know about this trial and about this case, you have to read his blog – I mean, that’s just all there is to it – it’s required reading if you want to understand the BC Legislature Raid situation."

- Mike Smyth, columnist, The Province

"The Basi-Virk case....you’ve probably sat through more of these hearings and gone through more of the files and written about it than any other journalist in the province."

- Bill Good, host, The Bill Good Show, CKNW/Corus Radio Network

"Tieleman ...has done a first-rate job covering the trial."

- Paul Willcocks, columnist, the Victoria Times-Colonist

"Tieleman, who marries a considerable journalistic talent with one of the smartest political minds in the province, has been writing more web-exclusive material. And his coverage of the Basi-Virk trial is a must-read -- whether you're an insider or an outsider."

"24 Hours, the Vancouver paper that has been leading the coverage, as well as the hints of conspiracy in B.C."

- Norman Spector, columnist, Globe and Mail

"Although the major media in this circumstance has been giving the case significant coverage, Tieleman's reports on his blog have been outstanding.

The entire cut and thrust of legal wrangling and arguments has been covered and is accompanied by considered analysis.....His blog site coverage of the Basi-Virk trial is the most in depth treatment of one of British Columbia's biggest political scandals."

- Bill Bell, columnist, The North Shore News

"Mr. Tieleman has published online dispatches which, freed from the limitations of newsprint space or broadcast time, can run at length. They also remain available for those select readers who become obsessed with a case also known as Railgate.....

In another bizarre twist to a story with no shortage of them, Mr. Tieleman went to work one day in December only to discover his office had been ransacked. Bookcases had been tipped over and papers strewn, but nothing was missing.

To top it off, a press kit for the self-published novel The Raid, written by a retired military officer in Metchosin and featuring on its cover a photograph from the 2003 police raid, had been left in a conspicuous place."

- Tom Hawthorn, columnist, The Globe and Mail

Nobody has followed the Basi-Virk affair over its past five years with greater diligence than local journalist, Bill Tieleman....Tieleman deserves our thanks, a fistful of journalism awards and some merit citation for citizenship.